Mukesh Kumar @ Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79092 of 2018 Arising Out of PS. Case No.-5 Year-2013 Thana- LALGANJ District- Vaishali ====================================================== Mukesh Kumar @ Munna son of Shankar Ray, resident of Village- Lodipur Chakwar, P.S. - Hajipur Town, Distt.- Vaishali. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Sri Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-04-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with lalganj P.S.Case No.05 of 2013 registered for offences punishable under Sections 420, 467, 468, 471, 120(b) of the Indian Penal Code.

Allegation as per FIR is that in the house of one Sanjay Jaiswal, the accused persons have opened fake branch of IBM and on raid, several documents were seized and some persons were also named as accused, who were Branch Manager and other officials.

Submission of the learned counsel for the petitioner is that he is not named in the FIR and later on his name transpired during the investigation as the person who got the house on rent in collusion with the other accused persons. It is further

Patna High Court CR. MISC. No.79092 of 2018(3) dt.15-04-2019 2/2 submitted that as a matter of fact he is only a witness on the agreement of the rent and one Rajesh Kumar has has taken the house of rent and Rajesh Kumar has been granted bail by a Coordinate Bench of this Court, vide order dated 15.11.2016 passed in Cr. Misc. No.23389 of 2016.

Heard learned A.P.P. also, who has opposed the prayer for bail on the ground that the case is of the year, 2013. Having heard both sides and in such view of the matter let the petitioner surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below and considering the facts that another co-accused Rajesh Kumar has already been granted privilege of anticipatory bail by a Co-ordinate Bench of this Court, vide order dated 15.11.2016 passed in Cr. Misc. No.23389 of 2016 and if possible to be disposed of on the same day.

With the aforesaid observation, this application is disposed of.

chn/- (Vinod Kumar Sinha, J) U T